The High Court of Kerala held that the writ petition regarding a passport order is not maintainable as it is appealable under Section 11 of the Passports Act, thus disposing of the matter.
The writ petition is disposed of
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 13TH DAY OF JUNE 2017/23RD JYAISHTA, 1939
WP(C).No. 7763 of 2017 (U)
PETITIONER:
SUNITH.K., S/O.CHANDUKUTTY.P, AGED 19 YEARS, RESIDING AT KUNDADUKAM HOUSE, PARAMBA, THEKKIL P.O, KASARAGOD DISTRICT.
BY ADVS.SRI.T.MADHU
SMT.C.R.SARADAMANI
RESPONDENTS:
1. THE SUB INSPECTOR OF POLLICE, VIDYANAGAR POLICE STATION, VIDYANAGAR P.O, KASARAGOD DISTRICT, PIN-671 123.
2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KOZHIKODE- 673 006.
3. ASSISTANT EMIGRATION OFFICER, MANGALORE INTERNATIONAL AIRPORT, MANGALORE, PIN-636 202.
4. THE STATE OF KERALA,
R1 & R4 BY GOVERNMENT PLEADER SRI.K.J.MANURAJ R2 & R3 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 7763 of 2017 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, KASARAGOD MUNICIPALITY
EXHIBIT P2 THE TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE DTD 26/4/2012 ISSUED BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA.
EXHIBIT P3 THE TRUE COPY OF ACKNOWLEDGMENT DTD 10/11/2016 ISSUED BY THE ASSISTANT EMIGRATION OFFICER, BUREAU OF EMIGRATION , MANGALORE INTERNATIONAL AIRPORT, MANGALORE
EXHIBIT P4 THE TRUE COPY OF THE PROCEEDINGS DTD 6/4/2016 OF THE SECOND RESPONDENT.
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
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P.B.SURESH KUMAR, J.
-------------------------------------------W.P.(C).No.7763 of 2017
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Dated this the 13th day of June, 2017
J U D G M E N T
Ext.P4 order, which is impugned in this writ petition, is appealable under Section 11 of the Passports Act. In the light of the said alternative remedy available to the petitioner, the writ petition is disposed of without prejudice to the right of the petitioner to challenge the impugned order before the Appellate Authority under the Passports Act.
Sd/- P.B.SURESH KUMAR JUDGE
rsr
1 issue framed by the court
Whether the writ petition is maintainable in light of the alternative appeal remedy under the Passports Act
1 provisions across 1 enactments
SUNITH.K.
THE STATE OF KERALA
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
